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A tree erupts into flames along Interstate 90 during nighttime burnout operations to keep the Derby Fire from crossing the highway. Montana, Big Timber. August, 2006.
A tree erupts into flames along Interstate 90 during nighttime burnout operations to keep the Derby Fire from crossing the highway. Montana, Big Timber. August, 2006. (Photo: National Oceanic and Atmospheric)
Indefinitely Wild

You Could Foot the Bill for the Next Big Wildfire

In some states, individuals who start forest fires, even accidentally, are facing multimillion-dollar fines

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(Photo: National Oceanic and Atmospheric)

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In Oregon, two elderly men are for a fire the state says they started with their lawn聽mowers. In California, a homeowner is for a fire authorities claim was sparked by a known electrical problem at his house. Could you be stuck with a similar multimillion-dollar tab for accidentally starting a wildfire?

The answer used to be no. 鈥淚n the United States, we鈥檝e had a very cavalier attitude toward聽fires,鈥 says , a former firefighter who now practices law聽and specializes in fire litigation. 鈥淲e consider fires to be an accident that鈥檚 really nobody鈥檚 fault.鈥

But聽with wildfires exploding across the American West鈥攖he number is聽鈥攍ocal and state governments have decided that typical civil penalties for causing a fire are no longer good enough. The two men in Oregon were fined just $550 for a fire that ultimately cost the state at least $37 million to extinguish.聽

鈥淭here鈥檚 no magical pot of gold out there being used to pay for this,鈥 says Varone. Firefighting costs are overwhelming states聽and are so burdensome at the federal level that . I鈥檓 sure you can see the problem with that.聽

Does that mean we should be sticking individuals with the multimillion-dollar bills for the fires they cause? 鈥淚 don鈥檛 think it鈥檚 unlike some of the other things in society that we have to wrestle with,鈥 Varone says. 鈥淚f someone becomes sick, and they don鈥檛 have health insurance, then we鈥檙e all paying for that, whether it鈥檚 through tax money聽or increased premiums. If these people can cause $37 million of harm to all of us, should they be able to walk away from that?鈥

Normal tort law covers liability for fire-caused damages, according to the former deputy assistant chief. 鈥淚f someone causes someone else injury, they would be liable for damages, presumably, if they were negligent, grossly negligent, or reckless.鈥 In this case, those damages are accrued by the agencies fighting the fires, as well as the government聽and anyone who loses property聽or is similarly affected.聽

Varone goes on to explain that you could be held responsible for the costs of a wildfire if you allow a campfire to get out of control, spark聽a fire while cutting your lawn, or similarly act聽carelessly.聽

And that鈥檚 exactly who the states are holding responsible. In 2004, William Rupp, a resident of Lake Shasta, California,聽 during a time of day when such activity was banned. He was convicted of arson, served two years in prison, and now owes $2.9 million to the fire鈥檚 victims.聽

Such stiff penalties are intended to serve as a deterrent. If you murder someone, you鈥檒l go to jail. That stops most of us from killing people. Drinking and driving costs you a ton of hassle聽and about $10,000 in legal fees, so you call an Uber. But聽penalties for carelessly causing a wildfire have traditionally been far less than their ultimate costs. That鈥檚 what鈥檚 changing:聽Authorities are trying to move the penalties for causing a fire to the same ballpark as the damage caused. Sticking you with the bill is how they鈥檙e doing it.聽

鈥淭hink about the way you conduct yourself around the house,鈥 suggests Varone. 鈥淢aybe you have聽many things plugged into an outlet. If you know you鈥檙e going to jail if聽that causes a fire, then you鈥檙e much more likely to be careful and not overload that outlet, versus 鈥極h, I don鈥檛 care.聽I鈥檝e got insurance.鈥欌

Insurance is an interesting issue when it comes to these massive bills. If, like William Rupp or the Oregon men, you cause a wildfire while mowing your lawn, will your homeowner鈥檚 policy cover the liability? 鈥淚t鈥檚 almost inconceivable that you could buy a liability policy that doesn鈥檛 have a cap on it,鈥 says Varone. Typically, that will range from聽a few hundred thousand聽to $1,000,000. Maybe $2,000,000聽if you buy an umbrella policy. That doesn鈥檛 even come close to covering a $37 million bill. So why try to collect it? Because doing so is聽often the stiffest possible penalty a state can apply聽without going through the process of passing new criminal laws. 鈥淲e want to make sure the persons who are most responsible are being held responsible,鈥 says Varone.聽

The hope is聽that the bill will be enough of a deterrent to get all of us to change our behavior. Wildfires are a major problem in this country right now鈥攁verage聽annual costs are currently at聽,听补苍诲 . It鈥檚 time that we, as individuals, correct聽the behaviors that are causing fires. If you won鈥檛 do it for reasons of environmental responsibility or safety, well, now you鈥檙e going to want to so you can avoid financial ruin.聽

鈥淚n the wildlands, it鈥檚 an almost subliminal belief we all have that fires are just an accident, that they鈥檙e no big deal,鈥 says Varone. 鈥淏ut they are a big deal, and we do have to pay for them. And the people who are responsible should be held accountable.鈥

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Lead Photo: National Oceanic and Atmospheric

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